Step 2(a): Duration Requirement

April 01, 2011
By
The Zendeh Del Law Firm, PLLC

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Earlier, we noted that in order for a
disability to meet the requirements of the Social Security Act, the impairment must
be severe. Related to this, is the requirement that the disability continue
to be severe for 12 consecutive months or result in a death. 20 C.F.R.
Section 404.1509.

What the SSA is obviously trying to do is exclude those conditions that
go into remission or decrease in severity. Examples would be recovery
from a traumatic accident or recovery from a serious surgery. The converse
is true, however. If an impairment does "wax or wane," but is
active enough to prevent a person from engaging in substantial gainful
activity for a sustained basis, a claimant might have a strong possibility
of meeting the duration requirement.

What about the situation where a denial occurs before the duration requirement
is met and the impairment seems to be the kind that will improve within
12 months? It is our experience, that in most cases, the 12 month issue
is resolved before the hearing. The sheer volume of the cases results
in a slow administrative process and will eliminate the issue of whether
a disability will heal.

However, nothing is for sure and guaranteed. In order for you to have your
best chance at obtaining disability benefits,
contact a Dallas Social Security Disability Lawyer for an initial
case evaluation.

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